IntelliDesign Pty Ltd

[2013] FWCA 9670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

IntelliDesign Pty Ltd
(AG2013/11575)

INTELLIDESIGN PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 DECEMBER 2013

Application for approval of the IntelliDesign Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IntelliDesign Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by IntelliDesign Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 4 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 17 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IntelliDesign Pty Ltd was the subject of an application before the Fair Work Commission, where the company sought approval of the IntelliDesign Pty Ltd Enterprise Agreement 2013. The dispute centred around the terms and conditions of the proposed agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements set forth by the Fair Work Act.

The primary legal issues the Commission had to decide were whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements of the Fair Work Act. The Commission also had to consider whether the agreement would result in a better outcome for the employees, including improved wages and conditions, when compared to the existing terms and conditions. Additionally, the Commission needed to determine whether the agreement was made in good faith and without coercion.

In its decision, the Fair Work Commission found that the proposed agreement did provide for fair and reasonable terms and conditions for the employees and complied with the statutory requirements of the Fair Work Act. The Commission considered that the agreement resulted in improved outcomes for the employees, including better wages and conditions, compared to the existing terms. The Commission was satisfied that the agreement was made in good faith and without coercion. Therefore, the Commission approved the proposed agreement, finding it to be fair and reasonable and compliant with the requirements of the Fair Work Act.

The Fair Work Commission approved the IntelliDesign Pty Ltd Enterprise Agreement 2013, confirming that the agreement met the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was made in good faith without coercion. The approval of the agreement was a significant step forward in ensuring that the employees of IntelliDesign Pty Ltd received fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established